Legal Notice

In accordance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), we inform you that the FitCatch Application (hereinafter, the “App”) is operated by FITCATCH, S.L., (hereinafter, “FitCatch” or the “Entity”), with C.I.F. B26683276, registered in the Mercantile Registry of Madrid, Page M-877339, 1st Entry, whose registered office is at Calle Juan Bravo, 3A, 4J, 28006, Madrid (Madrid), Spain. Likewise, if you consider it necessary, you can contact the Entity through the email address info@fitcatch.co.

This Legal Notice (hereinafter, “Legal Notice”) establishes the conditions that regulate the use of the information society services that the Entity makes available to its users through the App. The aspects related to the processing of users’ personal data for the purpose of using the App are regulated in the Privacy Policy.

You can also find information regarding the use of cookies in the Cookies Policy.

In this way, access to and use of the App implies that the user (hereinafter, the “User”) fully accepts and undertakes to fully comply with this Legal Notice, the Privacy Policy, the Cookies Policy, as well as the instructions or recommendations indicated in each specific case through the App.

Access to the App is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The Entity reserves the right to make, at any time and without prior notice, modifications and updates to the App and its contents, configuration and presentation, including this Legal Notice, so we recommend reading it before each access and browsing of the App. The Entity will post these conditions in a visible place, freely accessible for any queries you may wish to make.

The User undertakes not to use the App for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of the Entity or of third parties, and undertakes to use the App, the services and the content included therein diligently, correctly and lawfully. In particular, the User undertakes to refrain from: deleting, evading or manipulating the “copyright” and other identifying data of the rights of their owners incorporated into the contents of the App, as well as the technical protection devices, or any information mechanisms that may include such content. Likewise, the User undertakes not to carry out any act with the aim of damaging, disabling or overloading the App or that would impede, in any way, the normal use and operation of the same.

As a consequence of the above, the User is solely responsible to the Entity and third parties for:

• Those consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content of the App, prepared by the Entity or any third party.
• The consequences that may arise from use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the App or its services or prevent the normal enjoyment of it by other Users.

In the event that you fail to comply with this Legal Notice or the Entity reasonably suspects that you are not complying with it, the Entity reserves the right to limit, suspend or terminate your access to the App, adopting any technical measure that may be necessary for that purpose. Likewise, the Entity reserves the right to decide, at any time, on the continuity of the services it provides through the App.

The intellectual property rights over the layout of the contents of the App (including the sui generis right over the database), its graphic design (look & feel), the distinctive signs (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements that make up the App (texts, graphics, photographs, videos, etc.) correspond to the Entity or has, where appropriate, the right to use and exploit them and, in this sense, constitute works protected by current intellectual and industrial property legislation.

The use of the App by the User in no way implies the transfer of any intellectual and/or industrial property rights over the App, its contents and/or the distinctive signs of the Entity. To this end, by means of this Legal Notice, except in those cases in which it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the App, its contents and/or the distinctive signs of the Entity, either partially or totally.

The reproduction of elements or contents of the App made for profit or commercial purposes is expressly and strictly prohibited. Likewise, it is strictly forbidden to copy, reproduce, adapt, modify, distribute, commercialize, publicly communicate and/or any other action that entails an infringement of current Spanish and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the App without the prior express written authorization of the Entity.

The Entity applies, in compliance with the regulations on the protection of personal data and other applicable provisions, the appropriate technical and organisational measures to guarantee an adequate level of security.

In this regard, the Entity manages its server environment appropriately, having a firewall infrastructure of strict compliance and continuously uses current technologies to ensure that the confidentiality and privacy of the information are not compromised.

The User acknowledges and accepts that the use of the App is carried out at all times at their own risk and responsibility, so the Entity is not responsible for any misuse or improper use that may be made of it. To this end, it will only be liable for the damages that the User may suffer from the use of the App, when such damages are due to our willful misconduct.

In particular, but not limited to, the Entity shall not be liable for:

• The content of the sites linked through the links included within the App. In this regard, the terms set out in section 5 of this Legal Notice will apply.
• Damage of any kind caused to the User’s computer equipment by viruses, worms, Trojans or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that their computer equipment may be affected by the elements listed above. To this end, it is the User’s responsibility, in any case, to make available appropriate tools for the detection and elimination of harmful electronic programs.
• Damages of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the App service during the provision of the same or previously. In this regard, the User acknowledges that access to the App requires services provided by third parties outside the control of the Entity (for example: telecommunications network operators, access providers, etc.) whose reliability, quality, continuity and operation do not correspond to the Entity.
• The use that the User may make of the materials of this App, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the App or of third parties.
• The acts or omissions of third parties, regardless of whether these third parties may be linked to the Entity by contractual means.

In no event shall the Entity be liable for:

• Errors or delays in access to the App by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the telecommunications networks, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of the Entity.
• Errors or damage caused to the App due to inefficient and bad faith use of the service by the User.

In any case, the Entity undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.

The App includes technical linking devices that allow the User to access other pages and Internet portals (hereinafter, “Linked Sites”). In these cases, the Entity acts as a provider of intermediation services in accordance with article 17 of the LSSI and will only be liable for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, please notify the Entity through info@fitcatch.co. Under no circumstances will this communication entail the obligation to remove the corresponding link.

The existence of Linked Sites in no way implies that the Entity has effective or any other knowledge of the services and contents thereof in the event of illegality, nor that it necessarily maintains agreements with the managers or owners of the Linked Sites. Nor does the existence of such links imply recommendation, promotion, identification or agreement of the Entity with the statements, content or services provided through the Linked Sites. Consequently, the Entity is not responsible for the content of the Linked Sites, nor for their conditions of use and confidentiality policies, and the User is solely responsible for checking and accepting them each time they access and use them.

The User and, in general, any natural or legal person who intends to establish a link from their page or site to the App, must obtain prior written authorisation from the Entity. The establishment of such a link does not imply in any case the existence of a relationship between the Entity and the owner or holder of the site or page on which it is established, nor the acceptance or approval by the Entity of its contents or services.

The establishment of any link from a page or site outside of any of the pages of the App will be subject to the following conditions:

• The total or partial reproduction of any of the services contained in the App is not permitted.
• No false, inaccurate or incorrect statements about the pages of the App and its services will be included.
• Under no circumstances will the Entity be responsible for the contents, information, statements, opinions or services made available to the public on the page from which a link to the App is established.
• Any link will be made to the main page of the App.

In any case, the Entity reserves the right to prohibit or disable at any time the links to the App, especially in the event of illegality of the activity or content of the page or site on which it is included.

The use of the App is governed by and interpreted in accordance with Spanish law and any conflict or litigation that arises between it and the Entity will be dealt with by the competent courts and tribunals in accordance with applicable legislation.

In the event that any of the provisions contained in this Legal Notice is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity will not affect the validity of the rest of the provisions contained in this Legal Notice.